Employment conviction question

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1. Licensed in CA

   

   Calvin B. Chang

   Sacramento Employment / Labor Attorney

   Contributor Level 9

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   Answered February 11, 2012 16:53. Read the application and instructions carefully. It is likely that a public or private college employer's application will have instructions that limit the type of convictions that are to be disclosable on the job application. Of course, if you go to background, you will need to disclose more, according to the instruction on the POST Personal History Statement.

   LEGAL DISCLAIMER: Nothing contained herein should be construed as creating or intending to create an attorney-... moreLEGAL DISCLAIMER: Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Unless and until a formal written representation agreement has been fully executed between the Law Office of Calvin Chang and yourself, we will not take any action on your behalf. Be advised that all cases have time deadlines or "statutes of limitations" in which you must file a lawsuit or administrative charge or you may be forever barred from bringing a claim. The Law Office of Calvin Chang provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. Attorney Calvin Chang is licensed to practice law before the California state and federal courts in California, and can appear before administrative agencies representing employees. less

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2. Licensed in CA

   

   Christine McCall

   Pasadena Administrative Law Lawyer

   Contributor Level 20

   1

   Lawyer agrees

   Answered February 11, 2012 15:07. You are relying on the protection of California Labor Code Sec 432.7, but you seem to know only about subsection (a) of that statute. Sub (a) must be read in conjunction with the rest of the statute, including:
   
   (b) Nothing in this section shall prohibit the disclosure of the
   information authorized for release under Sections 13203 and 13300 of
   the Penal Code, to a government agency employing a peace officer.
   
   (e) Persons seeking employment or persons already employed as
   peace officers or persons seeking employment for positions in the
   Department of Justice or other criminal justice agencies as defined
   in Section 13101 of the Penal Code are not covered by this section.
   
   (i) Nothing in this section shall require the Department of
   Justice to remove entries relating to an arrest or detention not
   resulting in conviction from summary criminal history records
   forwarded to an employer pursuant to law.
   
   For persons applying for police work, there is not much shelter offered by Lab. C. Sec 432.7.

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